Appellate

  • September 18, 2019

    1st Circ. Tosses $3.6B Utilities Suit As An Issue For FERC

    The First Circuit on Wednesday affirmed a Massachusetts trial court’s decision to toss a proposed class action claiming Eversource Energy and Avangrid Inc. drove up electricity prices by $3.6 billion, saying the issue of accepted rates is up to the Federal Energy Regulatory Commission rather than the courts.

  • September 18, 2019

    2nd Circ. Affirms Denial Of Bail For Jailed Ponzi Schemer

    A Second Circuit panel on Wednesday affirmed the denial of bail to a former investment fund manager convicted in a $96 million Ponzi scheme who seeks to overturn his sentence, saying he had failed to justify his release.

  • September 18, 2019

    Odell Beckham Jr. Sheds Defamation Claim In Assault Suit

    A California appeals court has tossed a defamation claim in a suit alleging NFL star Odell Beckham Jr. should be held liable for injuries suffered by a man assaulted at a party at the football player's home, saying the claim was barred under a state free speech law.

  • September 18, 2019

    9th Circ. Won't Revive Suit Over Army's Youth Diabetes Care

    The Ninth Circuit on Wednesday upheld a lower court's dismissal of an American Diabetes Association lawsuit over diabetes care in the U.S. Army's Child, Youth and School Services programs, finding it is moot because the policy was updated and lacks standing because the organization did not show any injury. 

  • September 18, 2019

    Credit Suisse Scrambles For RMBS Win After 2 Appeal Losses

    Credit Suisse presented a lean argument to a New York State appeals court on Wednesday after the court rejected its exit bid in two similar suits over crisis-era toxic residential mortgage-backed securities a day earlier.

  • September 18, 2019

    NC Utility Asks High Court To Hear If Pipeline Plea Is Valid

    The North Carolina Utilities Commission told the U.S. Supreme Court on Tuesday that it should hear its petition and grant it a "seat at the table" in its fight over federally approved pipelines or risk impeding the state’s right to regulate interstate pipelines that will operate within its borders.

  • September 18, 2019

    Army Owes $48M For Security Transit Delays, Fed. Circ. Told

    Kellogg Brown & Root Services Inc. is urging the Federal Circuit to reverse an appeals board’s decision that the Army doesn’t owe the company $48 million in reimbursements for delaying security transportation for builders on a military housing project in Iraq.

  • September 18, 2019

    11th Circ. Says Feds Can Sue Under Title II Of ADA

    The Eleventh Circuit has ruled that the federal government has the authority to challenge Florida's institutionalization of disabled children under Title II of the Americans with Disabilities Act, finding that Congress granted the power even though the act's language may be somewhat ambiguous.

  • September 18, 2019

    River Authority Immune From Arbitration, Texas Justices Told

    The San Antonio River Authority is a governmental entity and cannot be ordered into binding arbitration in a dispute over a $10 million dam project because lawmakers have granted it immunity, it told the Texas Supreme Court during oral arguments Wednesday.

  • September 18, 2019

    Norfolk Southern Keeps Trial Win In Mich. Worker's Injury Suit

    A Michigan appellate panel has affirmed a jury verdict clearing Norfolk Southern in a suit accusing the railroad of causing a conductor’s injuries suffered during the 2014 “polar vortex,” rejecting the worker’s argument that the jury was given improper instructions.

  • September 18, 2019

    Allstate Says Stock Price Proof Ignored In Underwriting Suit

    Allstate Corp. told the Seventh Circuit on Wednesday that a trial court that certified a class of investors in a stock-drop suit wrongly failed to consider evidence that Allstate stock prices were not impacted by allegedly lax underwriting standards it had been accused of hiding.

  • September 18, 2019

    Ill. Court Upholds Zero Damages Award In Allergy Mix-Up Trial

    An Illinois appellate court on Tuesday upheld a jury's decision to award zero damages to a woman who was injected with the wrong allergy medication despite also finding negligence, saying the evidence arguably showed damages were too minimal to warrant compensation.

  • September 18, 2019

    Fed. Circ. Sends Car Seat Contract Fight To Fla. State Court

    A Florida law-based breach of contract suit between a car seat maker and its former partner isn’t a patent suit in disguise, meaning it belongs in state court, the Federal Circuit said Wednesday.

  • September 18, 2019

    Fed. Circ. Refuses To Add Time To Intra-Cellular Patent Term

    The Federal Circuit in a precedential opinion on Wednesday refused to tack an additional three weeks onto the life of an Intra-Cellular Therapies patent related to pharmaceutical salt crystals, finding that the patent office wasn't wrong to penalize the company for delays it caused in the patent examination process.

  • September 18, 2019

    Key GOP Senator 'Real Doubtful' On 2nd Circ. Nominee

    A Republican member of the Senate Judiciary Committee voiced doubts Wednesday about President Donald Trump's pick for the powerful Second Circuit appeals court, putting the nomination in question given the thin margins on the committee and in the chamber.

  • September 18, 2019

    Fed. Circ. Backs Micron's PTAB Win Over Flash Memory IP

    The Federal Circuit on Wednesday upheld a Patent Trial and Appeal Board decision striking down a flash memory patent challenged by Micron Technology, finding that the board did not err in invalidating the disputed claims as obvious.

  • September 18, 2019

    Revive Richards Layton Malpractice Case, Del. Justices Told

    A software company attorney told three Delaware Supreme Court Justices Wednesday that a lower court wrongly calculated the statute of limitations claim cutoff in dismissing a more-than-$67 million appraisal case malpractice suit against Richards Layton & Finger PA.

  • September 18, 2019

    Call Center Scammer Can't Appeal $9M Restitution: 5th Circ.

    A man ordered to pay $9 million in restitution for his role in a multimillion-dollar call center scam can't appeal his restitution order because he waived his right to an appeal in his guilty plea, the Fifth Circuit said.

  • September 18, 2019

    Texas Justices Told Class Arbitration Question Not For Courts

    A property management company accused homeowners of a bait and switch when they added class claims to an ongoing arbitration, and the homeowners accused the company of forum shopping as they dueled before the Texas Supreme Court on Wednesday over whether the courts or an arbitrator could decide their dispute.

  • September 18, 2019

    Illinois Retirees Can't Get Health Premium Claims Revived

    An Illinois appellate court has rejected a bid from a group of Mattoon, Illinois, municipal retirees to reinstate the bulk of their lawsuit claiming they were improperly required to pay more for health insurance premiums than current city workers, finding they couldn't sue under the state’s insurance code.

  • September 18, 2019

    Atty Who Killed Self Not Covered Despite Med Use: 3rd Circ.

    The husband of a Time Warner attorney who took her own life can’t collect on her life insurance policy because he didn't show that antidepressants rendered her incapable of acting with intent, a Third Circuit panel ruled Wednesday.

  • September 18, 2019

    7th Circ. Mulls UChicago's Approach To Student-Worker Case

    A Seventh Circuit judge on Wednesday questioned the University of Chicago for objecting to the National Labor Relations Board hearing process instead of the underlying finding that short-term workers have collective bargaining rights when it appealed a determination that students employed at the school's libraries could unionize.

  • September 18, 2019

    3rd Circ. Backs CSX Win In Pa. Mall Stormwater Damage Suit

    The Third Circuit on Wednesday rejected a suburban Philadelphia shopping mall's bid to hold CSX Transportation Inc. liable for flood damage to its property, saying the mall couldn't prove the freight railroad negligently reconstructed or maintained its rail bed.

  • September 18, 2019

    9th Circ. Slams Samsung's 'Inaptly Titled' Arbitration Notices

    The Ninth Circuit has affirmed a pair of rulings that denied Samsung's bid to arbitrate two lawsuits involving its Galaxy S7 smartphones, concluding that an "inaptly titled" booklet that comes with the phones and "vague" references to terms on the packaging don't adequately inform consumers they're agreeing to arbitration.

  • September 18, 2019

    USPTO Tells Fed. Circ. Precedential Opinions Get Deference

    The Federal Circuit should defer to decisions from the Patent Trial and Appeal Board's precedent-setting panel interpreting the America Invents Act, so long as the decisions are reasonable, the patent office told the court Tuesday.

Expert Analysis

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • SEC's Broker Bar Stance Hinges On Penalties Vs. Remedies

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    The U.S. Securities and Exchange Commission's recent decision holding that Financial Industry Regulatory Authority expulsions are remedial, not punitive, spells out how far a regulator can go in sanctioning securities misconduct in light of the U.S. Supreme Court's Kokesh opinion, says Clinton Marrs of Marrs Griebel Law.

  • Foreign Patentees, Heed Fed. Circ. Jurisdiction Ruling

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    As a result of the Federal Circuit's recent holding in Genetic Veterinary Sciences v. Laboklin that consenting to a cease-and-desist letter was sufficient to provide specific personal jurisdiction, foreign patent holders should pay careful attention to their license agreements and their enforcement and commercial activities within the U.S., say Daniel Melman and Sarah Benowich of Pearl Cohen.

  • Henry Schein Case Illuminates Maze Of Arbitrability Questions

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    While the U.S. Supreme Court’s Henry Schein decision strengthens the enforceability of arbitration provisions, the Fifth Circuit’s ruling on remand concerning arbitrability authority, exemplifies a need for careful drafting of arbitration clauses, say Andrew Behrman and Brandt Thomas Roessler at Baker Botts.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • 2 Fed. Circ. Decisions May Signal Pro-Patentee Swing

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    The Federal Circuit's recent patent decisions in Ajinomoto v. U.S. International Trade Commission and Eli Lilly v. Hospira — on the tangential relation exception to the doctrine of equivalents — indicate that prosecution history estoppel may be becoming more favorable to patentees, says Sarah Kagan of Banner Witcoff.

  • Consumer Class Standing Faces Uncertainty In 11th Circ.

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    An eventual resolution of whether unnamed class members are required to establish Article III standing by the Eleventh Circuit, together with its recent Telephone Consumer Protection Act decision in Salcedo v. Hanna, may alter the continued viability of TCPA class actions, as well as class claims brought under other consumer protection laws, say attorneys at Stumphauzer Foslid.

  • Calif. High Court Ruling May Curb PAGA-Only Suits

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    The California Supreme Court's decision in ZB v. Superior Court that employees cannot recover unpaid wages under the Private Attorneys General Act imposes a serious limit on the law's scope and generates important questions for employee-side counsel when filing claims exclusively under PAGA, say Rafael Tumanyan and Michele Beilke at Hunton.

  • Top 5 Modern Tax Challenges For Digital Health Companies

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    As jurisdictions around the world adapt and modernize to capture revenue that would otherwise escape taxation under frameworks put in place long before today’s technology existed, digital health companies face rising tax uncertainty, say Kathleen Gregor and Elizabeth Smith of Ropes & Gray.

  • 5th Circ. Ruling Offers Map For Avoiding Daily Rate OT Claims

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    At first glance, it's no surprise that in U.S. Shale Solutions v. Faludi the Fifth Circuit rejected overtime claims from a highly compensated lawyer turned consultant, but the facts of the case and the court’s analysis provide guidance on whether daily rates can give rise to overtime lawsuits, says Debra Friedman at Cozen O’Connor.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • Dissent Exposes Flaws In Fed. Circ. ANDA Patent Holding

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    In Nalpropion v. Actavis — a recent abbreviated new drug application case in the Federal Circuit centered on patent claim interpretation, the written description requirement and the substantial equivalence rule — the dissent reached a conclusion that is more consistent with years of jurisprudence than the majority's, says Daniel Pereira of Oblon McClelland​​​​​​​.

  • Opinion

    Video Capacity Will Boost NY As Commercial Dispute Forum

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    The New York Supreme Court's Commercial Division Advisory Council recently proposed a rule on video conferencing that would save lawyers and their clients time and money, and allow the division to maintain its leadership in using technology to enhance the efficient administration of justice, says council member Scott Mollen of Herrick Feinstein.

  • To Defer Or Not To Defer: Kisor's Impact On Tax Controversies

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    Three recent federal tax cases show how the U.S. Supreme Court's June decision in Kisor v. Wilkie, substantially restricting agency deference, is affecting interpretation of the many regulations and guidance issued post-tax reform, say Andrew Roberson and Kevin Spencer at McDermott.

  • 3 Lessons For Calif. Insureds From Late-Notice Rule Decision

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    The California Supreme Court's recent decision in Pitzer College v. Indian Harbor establishes that the notice-prejudice rule may protect California policyholders even if a contractual choice-of-law provision selects less favorable law, but such protection is not guaranteed, especially in the case of third-party policies, say Nathan Anderson and Tyler Gerking of Farella Braun.